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02 September 2010

Invention vs Software Implementation #swpat

When we read the patent application, I see Inventors name. which is totally wrong.In software world, software are designed and not invented. Invention is different then process of creation. In software world ,rarely we see invention and most likely that will be a algorithm. Anybody who has a new idea he/she can create/implement the software but that doesn't means that he/she should be given monopolic right so that nobody can implement them.

For example, Microsoft has patent on Shutdown of Operating System. http://ip.com/patent/US5758155 no matter who implement first and who write code for shutting down the operating system but this affect whole system. Granting patent on such thing means nobody can make a operating system with shutdown feature.

If you search 'boot' then you will find a huge list of patent -Like http://ip.com/patent/US7275153 - Booting and boot code update system using boot strapper code to select between a loader and a duplicate backup loader (25-Sep-2007)http://ip.com/patapp/US20030046529 - Boot process for a computer, a boot ROM and a computer having a boot ROM

It means legally you can stop anybody to make a operating system which does not boot and does not shutdown. You cannot make software product like thins.

Software patents are like nuclear bombs on teenagers hands.

If we take example of Science , we find pure invention. Like electricity, bulb, telephone etc. In science , invention is like a building block. one building block is not affecting other. on the other hand, software is a game of combination and permutation, one who has large number of man-hour, they can always implement first..

This remind me the caste system of India. In India, in villages, (now also) you can find water well (http://www.indianchild.com/caste_system_in_india.htm) where Brahman (priest )and other rich persons were allowed to take water from certain water-wells. Other was not allowed to read Puran and other hindu/vedic Literature . This type of system bring unstable social system where only one community is allowed to harness Commons. Same thing is going with Digital world. rich companies has taken most of the digital power in their hands and making us as their slaves.